The most common tenant - landlord disputes can be avoided by knowing the law and proper procedure. Here are some of the more common problems and how you can avoid them. Your tenants have rights and these rights do vary form county to county, but in a general way the following are the rights of the tenant and the obligations of the landlord.
Landlords must provide a habitable environment.
Local building codes and health and fire deptartments will provide minimum requirements. They generally include,but are not limited to the following:
1. Heat. Sometimes measured as BTU output per square foot. Sometimes heat and air vendors can do the calculation for you if there has been a complaint to the local rent board.
2. Running Water: Clear running water and no leaks that can produce moisture and mold.
3. Adequate electricity in every room with functional wall jacks.
4. Clean and sanitary premises.
5. Adequate ventilation.
6. Structurally safe premises.
7. Many cities require the installation of smoke detectors
8. Functional and secure locks on doors and windows that provide a minimum degree of safety against intruders.
Your local building or housing authority, and health or fire department, can provide information on local housing codes and penalties for violations.structurally safe premises.
AVOID: A tenant can also sue the landlord for refund of past rent in some communities for the discomfort caused by the substandard conditions.
Repairs
Tenants have the right to timely and professional repairs. The best way to avoid a problem is to have the tenant fill out a maintenance request form and sign and time date stamp it.
Use licensed professionals:
1. Maintain a file on all your vendors and repair people.
2. Keep a copy of their license and be sure to have a copy of there general liability insurance and workmen's compensation on file. Pay attention to dates and be sure the license and insurances are current. REMEMBER if the contractor is not insured then you are the insurer.
3. Save all receipts and be sure they are dated to protect yourself against claims against you that repairs were never made.
When to Enter a Tenants Unit
Most states require a minimum of 24 hours notice prior to entry. if the notification is to be mailed, then we recommend a certified letter and one weeks notice. Post the notice on the door. Create a form that indicates the delivery date fo the 24 hour notice and file it.
ALWAYS knock and call before you enter. Surprising a tenant can lead to a law suit. NEVER enter if
1. Only a minor is home
2. If there are any sexual or hostile advances. Simply leave and document the circumstances and send a letter describing the reasons you did not enter. If you must enter for repairs then set another appointment and always have a staff member with you.
Secure The Building
You are responsible for the safety of your tenants. Always have functioning doors and windows in your building.
1.Be sure that all locks are secure and in good working order.
2.Exterior doors should have exterior locks.
3. Fix all broken windows.
4. Have a fire exit clearly marked and its a good idea to have a quick escape bar.
5. Be sure the building is adequately lit and that all hallways and alleyways are also adequetely lit.
Inspections
1. Have annual inspections of all sprinkler systems
2. Have annual inspections of all elevators
3. Save all inspection reports and be sure they are dated
4. Have general inspections of all stairwells and porches. Document and photograph all repairs.
Why Do All This
A tenant can sue you for personal injury for medical bills, lost earnings, emotional distress, pain, disability or disfigurement. A tenant can also sue for damage to personal property resulting from unsafe conditions.
Howard Bell for yourpropertypath.com
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